Getting Married on Tourist Visa - advice? Already filled K-1

[Rlewis 73]

Hi everyone, I’m new to this part of the forums and was recommended by another friend on visa journey. I’ve been doing a bit of reading on this forum and saw that it provided a lot of information that was interesting. I think I just wanted to ask some questions that pertains more to our situation specifically.

Some info: I am Canadian

 

So first off, I am currently going on week three of visiting my partner in the US as the last time I saw him was back in February and with Covid happening it has been awhile. In March, I had a K-1 Interview scheduled but of course that got cancelled with no news of when it will resume, last I heard in another forum was those of us with expiring medical will have to redo, nothing else. With me being on inactive duty from work, I’ve got nothing else to do but sit in my apartment so I decided to visit him for July, I had already began sending some stuff over to him and getting rid of unnecessary items since timeline wise June/July was when I had expected to start moving after the approval of the interview.

 

Now, with no news from the consulate in Montreal on when this whole thing will resume AT ALL, some people are speculating even next year. I honestly don’t want to wait that long, and since my partner is in the military a lot of things are going to change as he will eventually move somewhere else. My questions are as follow:

 

1. I’d like to get married to him, and then apply for AOS and file an I-130 and possibly EAD&AP in case my partner gets sent abroad so I can travel. I understand this is possible while I am visiting him on a B2 visa as I currently am.
2. However, as of this moment, I cannot immediately get married to him here and leave everything behind in Canada (as I understand the spouse cannot leave USA) as I have left so many important documents and other items that I still need on my person.
3. Is it possible for me to return to Canada, wait and see if the consulate has any plans to reopen perhaps in the next month (august), not only that, my work is planning to lay off a bunch of us so I may have to deal with a few final things like clearing some vacations and such and finally getting rid of my car since well, I won’t be able to afford it without the job, lol.
4. Then perhaps, if no news happen, visit him again and wait in the states instead of apart from each other? Perhaps a few months down the line if things really don’t improve, we may decide to just get married at that point and file for AOS.

 

My biggest concern is, to us this feels illegal somehow, even though someone made a good point that getting married on a tourist visa is not, or else destination wedding locations would not have business lol. I know it is a matter of intent while I am crossing the border, but how does CBP track if people are lying about coming to visit when they actually plan to marry?  That is my only worry that perhaps a month or so from now if I visit him again I may get denied, I just wanna wait here in the states instead of Canada.

 

Please be kind, I understand maybe some of these questions are dumb but if anyone else has questions for me please feel free

Also, another note: I don’t have any family in the city I live, so even if I wanted to marry him NOW and get started and maybe get things mailed/shipped to me, I cannot. I basically do not have any living family in Canada.

 

Thank you!

[Ayrton 965]

5 hours ago, Rlewis said:

Hi everyone, I’m new to this part of the forums and was recommended by another friend on visa journey. I’ve been doing a bit of reading on this forum and saw that it provided a lot of information that was interesting. I think I just wanted to ask some questions that pertains more to our situation specifically.

Some info: I am Canadian

 

So first off, I am currently going on week three of visiting my partner in the US as the last time I saw him was back in February and with Covid happening it has been awhile. In March, I had a K-1 Interview scheduled but of course that got cancelled with no news of when it will resume, last I heard in another forum was those of us with expiring medical will have to redo, nothing else. With me being on inactive duty from work, I’ve got nothing else to do but sit in my apartment so I decided to visit him for July, I had already began sending some stuff over to him and getting rid of unnecessary items since timeline wise June/July was when I had expected to start moving after the approval of the interview.

 

Now, with no news from the consulate in Montreal on when this whole thing will resume AT ALL, some people are speculating even next year. I honestly don’t want to wait that long, and since my partner is in the military a lot of things are going to change as he will eventually move somewhere else. My questions are as follow:

 

1. I’d like to get married to him, and then apply for AOS and file an I-130 and possibly EAD&AP in case my partner gets sent abroad so I can travel. I understand this is possible while I am visiting him on a B2 visa as I currently am.
2. However, as of this moment, I cannot immediately get married to him here and leave everything behind in Canada (as I understand the spouse cannot leave USA) as I have left so many important documents and other items that I still need on my person.
3. Is it possible for me to return to Canada, wait and see if the consulate has any plans to reopen perhaps in the next month (august), not only that, my work is planning to lay off a bunch of us so I may have to deal with a few final things like clearing some vacations and such and finally getting rid of my car since well, I won’t be able to afford it without the job, lol.
4. Then perhaps, if no news happen, visit him again and wait in the states instead of apart from each other? Perhaps a few months down the line if things really don’t improve, we may decide to just get married at that point and file for AOS.

 

My biggest concern is, to us this feels illegal somehow, even though someone made a good point that getting married on a tourist visa is not, or else destination wedding locations would not have business lol. I know it is a matter of intent while I am crossing the border, but how does CBP track if people are lying about coming to visit when they actually plan to marry?  That is my only worry that perhaps a month or so from now if I visit him again I may get denied, I just wanna wait here in the states instead of Canada.

 

Please be kind, I understand maybe some of these questions are dumb but if anyone else has questions for me please feel free

Also, another note: I don’t have any family in the city I live, so even if I wanted to marry him NOW and get started and maybe get things mailed/shipped to me, I cannot. I basically do not have any living family in Canada.

 

Thank you!

You can't enter the US with the intention to AOS. So if you leave, and then come back just to AOS, you will be commiting fraud.

 

The problem is not when you get admitted. They will probably let you in, but if USCIS finds out in any part of your immigration after that, they will deny your application or revoke your green card if you end up getting one. And they will find out since you just posted your intentions on the internet, so they can easily use this as proof.

 

Anyway, the forum prohibits everyone to talk about fraud, so the only thing you will hear from us is that you will be commiting fraud if you do that.

[Rlewis 73]

3 hours ago, Ayrton said:

You can't enter the US with the intention to AOS. So if you leave, and then come back just to AOS, you will be commiting fraud.

 

The problem is not when you get admitted. They will probably let you in, but if USCIS finds out in any part of your immigration after that, they will deny your application or revoke your green card if you end up getting one. And they will find out since you just posted your intentions on the internet, so they can easily use this as proof.

 

Anyway, the forum prohibits everyone to talk about fraud, so the only thing you will hear from us is that you will be commiting fraud if you do that.

Thanks for your response, I thought so about the intentions. Back to K-1 it is